When stores throw away new items, is it legal to dumpster dive in Kansas?
Social media has become a form of research for many looking for tips and tricks for various topics, including saving money.
People are using it to share practices on thrifting, DIY, couponing and more, but one trend that has risen in popularity on social media in recent years might surprise you — dumpster diving.
“Dumpster diving is the collection of trash by people who are not authorized to collect trash by any ... city code,” said Michael Hilleary, an attorney with the Kansas Legal Services.
While some may look at it as a hobby to find some goodies, many members of the unhoused population use dumpster diving as a way to find food and other important items. In general, keeping items that people throw away is completely legal, he said.
“Generally, across the United States, it is perfectly legal to collect things that you have found that other people would perceive as trash,” Hilleary said.
But people should still be careful. That’s because while dumpster diving isn’t technically illegal in Kansas, it could be considered trespassing depending on the facts, the Wichita Police Department told The Eagle.
Hilleary made the same point.
“The most important [fact] is that it is definitely unlawful to enter a person’s [private] property without permission to collect things from a dumpster,” Hilleary said.
But what about dumpsters on public property? Are there any other laws that you should know about? Here’s what to know about Kansas’ trespassing law.
What is considered trespassing in Wichita and Kansas?
According to Kansas Statute 21-5808, trespassing is “entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by a person who knows he/she is not authorized or privileged to do so.”
That includes refusing to leave a place after being ordered to by the owner of the property, entering a property that is presented in a way that shows visitors are not welcome (like locks and fences) and entering or remaining at a health care facility when it interferes with access to health care.
For dumpster diving in particular, Hilleary said no matter the property, if a sign is posted on the dumpster prohibiting anyone from entering, you should avoid that dumpster.
“If they put [a sign] on a dumpster, that is generally a prohibition where they are claiming and stating, rightly or wrongly, anyway, that that dumpster is their property and you cannot go into it,” Hilleary said.
Anyone who violates the trespassing ordinance could face a fine reaching $1,000 or a prison sentence of up to six months.
Criminal trespassing is considered a Class B misdemeanor in Kansas. Before you begin your dumpster diving hobby, be sure to ask the property owner for permission.
But trespassing may not be the only concern when dumpster diving, Hilleary said. Some other laws may come into play, as well, like loitering and littering.
“In the act of riffling through the dumpster stuff, they [can] deposit trash outside of the dumpster while [going] through it,” Hilleary said. “They may have had plans to put said, you know, unusable trash back into the dumpster, but not when the cops showed up.”
Loitering can also become an issue. According to Wichita’s city ordinance, loitering is defined as “remaining idle in essentially one location.”
“If you are dumpster diving and the police believe that you are doing something inappropriate or causing a nuisance, there are ways for them to arrest you,” Hilleary said. “For instance, in the city of Wichita, [you] cannot loiter ... in any place for any reason, right? You can just be arrested for loitering. And it is very much in the eye of the beholder.”
Hilleary said these kind of laws can create a net that criminalizes those without secure housing, which is another issue.
“When people are dumpster diving, they’re not stripping copper wire out of abandoned houses .. stuff like that,” Hilleary said. “There’s lots of truly more criminal things that happen.”
This story was originally published September 22, 2025 at 5:00 AM.
